Sec. 402. Presidential waiver authority for specified sanctions
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Subject to subsection (d), the President may waive, on a case-by-case basis and for a period of not more than 180 days, a requirement under section 203, 205, 207, or 208 to impose sanctions with respect to a person, and may waive the continued imposition of such sanctions, not less than 30 days after the President determines and reports to the appropriate congressional committees that it is vital to the national security interests of the United States to waive such sanctions. The President may, on a case-by-case basis, renew a waiver under paragraph
(1)for an additional period of not more than 180 days if, not later than 15 days before that waiver expires, the President makes the determination and submits to the appropriate congressional committees a report described in paragraph (1). The renewal authority provided under paragraph
(2)may be exercised for additional successive periods of not more than 180 days if the President follows the procedures set forth in paragraph (2), and submits the report described in paragraph (1), for each such renewal. Each report submitted under subsection
(a)in connection with a waiver of sanctions under section 203, 205, 207, or 208 with respect to a person, or the renewal of such a waiver, shall include— a specific and detailed rationale for the determination that the waiver is vital to the national security interests of the United States; a description of the activity that resulted in the person being subject to sanctions under section 203, 205, 207, or 208; an explanation of the efforts made by the United States to secure the cooperation of the government with primary jurisdiction over the person or the location where the activity described in paragraph
(2)occurred in terminating or, as appropriate, penalizing the activity; an assessment of the significance of the activity described in paragraph
(2)in contributing to the ability of Iran to threaten the interests of the United States or allies of the United States, develop systems capable of delivering weapons of mass destruction, destabilize any foreign country, support international terrorism, or violate the human rights of any person in Iran; and a statement with respect to the anticipated response of the United States in the event that the person engages in additional activities that would be subject to sanctions under section 203, 205, 207, or 208. If the President submits a report under subsection
(a)in connection with a waiver of sanctions under section 203, 205, 207, or 208 with respect to a person, or the renewal of such a waiver, the President shall not be required to impose sanctions under section 203, 205, 207, or 208, as applicable, with respect to the person described in the report during the 30-day period referred to in subsection (a). The President may not exercise the waiver authority provided under subsection
(a)to implement, effectuate, support, satisfy, or fulfill the terms of any international agreement pertaining to Iran, whether legally binding under international law or not, unless, before the President exercises the waiver authority, the agreement is approved through the enactment of a joint resolution or the Senate provides its advice and consent with respect to the agreement pursuant to section 2 of article II of the Constitution of the United States. The President may exercise the waiver authority provided under subsection
(a)with respect to a foreign person only after the President has— consulted with the foreign government with primary jurisdiction over the person or the location where the activity subject to sanctions under section 203, 205, 207, or 208 occurred with respect to the activity; and attempted to secure the cooperation of the foreign government with primary jurisdiction over the person or activity in terminating or, as appropriate, imposing penalties for the activity. No licensing authority provided by this Act or in the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) shall be used to implement, effectuate, support, satisfy, or fulfill the terms of any international agreement pertaining to Iran entered into after the date of the enactment of this Act, whether legally binding under international law or not, unless, before the exercise of the licensing authority, the agreement is approved through the enactment of a joint resolution or the Senate provides its advice and consent with respect to the agreement pursuant to section 2 of article II of the Constitution of the United States. In this section, the term case-by-case , with respect to a waiver of sanctions— means only that sanctions may be waived with respect to a single person; and does not authorize a waiver of sanctions with respect to a category of activity or class of transactions.
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Sec. 402
Presidential waiver authority for specified sanctions
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